05-02-77 City Council Minutes64
Regular Meeting
Of The
City Council May 2, 1977
Pursuant to due call and notice thereof, a regular meeting of the Council
of the City of Golden Valley, Hennepin County, Minnesota, was held at
7800 Golden Valley Road in said City on May 2, 1977 at 6:30 p.m.
The following members were present: Anderson, Hoover, Johnson, Swartz and
Thorsen. Also present were: City Manager Barkley G. Omans, City Engineer
Lowell E. Odland, Special Councel Herbert Lefler and Acting City Clerk
Jacquie Liemandt. City Attorney Robert M. Skare arrived at 7:00 p.m.
Herbert Lefler- Re: 10% Land Dedication
Special Counsel, Herbert Lefler informed the Council of the results of the
April 12, 1977 meeting with Health Central representatives and was
of the opinion that at that point in time the City had been threatened with
litigation and felt that the Council's response to Mr. Roger Scherer's
letter of April 12, 1977 is critical as to whether or not legal action is
presented to the City.
Mr. Lefler, also stated, that if in fact a "closed session" with the
Council (regarding the Health Central issue) does take place he will not
discuss anything except the legal position the City is in (being faced.
with this litigation threat from the petitioner) and the application of
the legal principals to the City's position.
MOVED by Swartz, seconded by Johnson and carried unanimously that only
members of the City Council meet with Special Counsel, Herbert Lefler,
for purposes of discussing only (no action may be taken) the threat of
litigation and discussion only of the Council's response thereto. That
the meeting be sound recorded and the recording made public after the
need for confidentiality has expired. Also, that at the Council Meeting
of May 16, 1977 a public announcement be made to the effect that:
1. A "closed session" of the Council was held.
2. Purpose of the "closed session".
3. A sound recording was made and the conditions under
which it will be released in the future.
4. A summary of the subjects discussed.
Mayor Hoover will have custody of the sealed sound recording of this meeting
to be kept in the Mayor's office.
Councilmember Anderson requested the press be informed of this closed meeting
and its conditions.
MOVED by Swartz, seconded by Thorsen and carried that this meeting be scheduled
for Tuesday, May 10, 1977 at 7:30 p.m. to be held in the Mayor/Council's
Office at the Civic Center.
�i
1
Regular Meeting of the City Council
Approval of Minutes - April 18, 1977
MOVED by Johnson, seconded by Thorsen and carried to approve the minutes of
the regular meeting of April 18, 1977 with the following corrections:
Page 64 - Other Items - incorrect spelling of name - should read
"Father Jack Eales".
Page 67 - Police Officer - Firefighter of the Year Awards - paragraph
3. Delete the word "assistant". Should now read, "John
Rudolph, Fire Chief presented" etc.
Page 69 - Approval of Minutes -March 7, 1977 - date is incorrect.
Should now read - "Approval .of Minutes - April 4, 1977".
Approval of Verified Accounts (Bills & Claims)
MOVED by Anderson, seconded by Swartz and carried to approve the payment
of the verified accounts as submitted on the prelist.
Approval of Licenses
MOVED by Thorsen, seconded by Anderson and carried to approve the issuance
of the licenses as submitted by the City Clerk.
Park & Recreation Commission Minutes - April 21, 1977
MOVED by Thorsen, seconded by Johnson and carried to receive and file the
minutes of the Park & Recreation Commission of April 21, 1977.
Golden Valley Open Space Commission Minutes_- April 20, 1977
MOVED by Thorsen, seconded by Anderson and carried to receive and file the
minutes of the Golden Valley Open Space Commission of April 20, 1977.
Housing & Community Development Commission Minutes - April 13, 1977
MOVED by Johnson, seconded by Swartz and carried to receive and file the
minutes of the Housing & Community Development Commission of April 13, 1977.
Bassett Creek Flood Control Commission Minutes - March 17, 1977
MOVED by Anderson, seconded by Johnson and carried to receive and file the
minutes of the Bassett Creek Flood Control Commission of March 17, 1977.
Building Board of Review Minutes - April 19, 1977
MOVED by Johnson, seconded by Thorsen and carried to receive and file the
minutes of the Building Board of Review of April 19, 1977.
Planning Commission Minutes - April 25, 1977
MOVED by Swartz, seconded by Johnson and carried to receive and file the minutes
of the Planning Commission of April 25, 1977.
Regular Meeting of the City Council, May 2, 1977
P.U.D. #14 - Jack Gallant - Delay Pool to 2nd Stage
MOVED by Anderson, seconded by Johnson and carried that P.U.D. #14 be changed
to allow the required construction of the swimming pool in the second
stage development and that the swimming pool be enclosed as shown on the
original plan. It has been determined by the Council that this is a
minor change.
Bid Opening - Fire Apparatus - April 21, 1977
MOVED by Johnson, seconded by Thorsen, and carried to award the bid for
Fire Apparatus under Section 1, in the amount of $10,674.00 to C.F. Coyer,
Section 3, in the amount of $1,241.00 to C.F. Coyer and Section 4, in the
amount of $923.20 to C.F. Coyer as per the recommendations of the
City Manager.
MOVED by Anderson, seconded by Thorsen and carried to award the bid for
Fire Apparatus under Section 2 in the amount of $1,679.48 to Minnesota
Fire as per the recommendation of the City Manager.
Bid Opening - Brookview Construction - April 26, 1977
MOVED by Johnson, seconded by Anderson and carried to award the bid,
including Alternate #1 and #2 for Brookview Construction to Park Construction
in the amount of $31,920.00 as per the recommendation of the City Manager.
Bid Award - Scott Avenue Storm Sewer (76 SS 4) - March 17, 1977
The Council noted that the Minnesota Department of Transportation, along with
the City of Crystal and the City of Robbinsdale had concurred in the
award to Northdale Construction Company, Inc. as per provided in the Joint Powers
Agreement.
MOVED by Anderson, seconded by Johnson and carried to award the bid for
construction of the Scott Avenue Storm Sewer (76 SS 4) to Northdale
Construction in the amount of $683,100.35•
House Burning - 1130 Boone Avenue North
MOVED by Johnson, seconded by Anderson and carried to authorize the Golden
Valley Fire Department to burn the residence at 1130 Boone Avenue North
for purposes of a training session pending receipt of a release form
from the owner that is satisfactory to the City Attorney.
Dutch Elm Removal - Quotations - Skyline Property
MOVED by Anderson, seconded by Johnson and carried to award the bid for
tree removal and diseased wood disposal to Tall Timber Tree Care in the
amount of $4,990.00 as recommended by the Park Superintendent, with the
costs to be assessed to the property.
Regular Meeting of the City Council - May 2, 1977
Waiver of Public Hearing - 77 WM 4 - 411 Rhode Island Avenue North
The City Engineer briefly reviewed the background of the proposed public
improvement.
Member Thorsen introduced the following resolution and moved it adoption:
RESOLUTION WAIVING THE PUBLIC HEARING
PURSUANT TO MINNESOTA STATUES 429.031, SUED. 3
AND ORDERING CONSTRUCTION
OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS
77 WM 4
The motion for the adoption of the foregoing resolution was duly seconded
by Member Johnson and upon vote being taken thereon, the following members
voted in favor thereof: Anderson, Hoover, Johnson, Swartz and Thorsen,
and the following voted against the same: none, whereupon said resolution was
declared duly passed and adopted, signed by the Mayor and his signature
attested by the City Clerk. See Resolution Book page 441J-
-
Member Anderson introduced the following resolution and moved its adoption:
RESOLUTION APPROVING PLANS & SPECIFICATIONS
AND ORDERING MANNER OF CONSTRUCTION
77 WM 4
The motion for the adoption of the foregoing resolution was duly seconded
by Member Thorsen and upon vote being taken thereon the following members
voted in favor thereof: Anderson, Hoover, Johnson, Swartz and Thorsen, and
the following voted against the same: none, whereupon said resolution was
declared duly passed and adopted, signed by the Mayor and his signature
attested by the City Clerk. See Resolution Book page 45�-
Waiver of Public Hearing - 77 LF 3 - 411 Rhode Island Avenue North
Member Johnson introduced the following resolution and moved its adoption:
RESOLUTION WAIVING THE PUBLIC HEARING
PURSUANT TO MINNESOTA STATUES 429.031, SUBD. 3
AND ORDERING CONSTRUCTION
OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS
77 LF 3
The motion for the adoption of the foregoing resolution was duly seconded
by Member Thorsenandupon vote being taken thereon, the following members
voted in favor thereof: Anderson, Hoover, Johnson, Swartz and Thorsen, and
the following voted against the same: none, whereupon said resolution
was declared duly passed and adopted, signed by the Mayor and his signature
attested by the City Clerk. See Resolution Book page 4�1 .
Regular Meeting of the City Council - May 2, 1977
Ordinance Amendment - Combining Clerk/Treasurer Position
MOVED by Anderson, seconded by Johnson and carried to bring on for a first
reading an Ordinance Amendment entitled:
AN ORDINANCE AMENDING THE CITY CODE
(Offices of City Clerk and City Treasurer May be Held by One Person)
MOVED by Swartz, seconded by Thorsen and carried to approve the ordinance
herein quoted by title on its first reading. Upon roll call vote being
taken thereon, the members were recorded as voting as follows:
ANDERSON - YES JOHNSON - YES
HOOVER - YES
SWARTZ - YES THORSEN - YES
Waiver of Platting - 7131-7201 Glenwood Avenue - Schulz
MOVED by Swartz, seconded by Thorsen and carried to approve the Waiver of
the Platting and assign the following legal descriptions to the newly
divided parcels:
PARCEL 1 - 7131 GLENWOOD AVENUE
That part of Lot 34, Auditor's Subdivision No. 322 lying south-
easterly of the following described line:
Commencing at a point on the South line of said Lot
34 distant 105.0 feet easterly of the Southwest corner
thereof, thence Northeasterly a distance of 159.45
feet to a point on the Northeasterly line of said
Lot 34 distant 219.05 feet, measured along the chord
from the Northwesterly corner of said Lot 34.
PARCEL 2 - 7201 GLENWOOD AVENUE
Lot 34, Auditor's Subdivision No. 322 except that part lying
southeasterly of the following described line:
Commencing at point on the South line of said
Lot 34 distanct 105.0 feet easterly of the
Southwest corner thereof, thence Northeasterly
a distance of 159.45 feet to a point on the
Northeasterly line of said Lot 34 distant
219.05 feet, measured along the chord, from
the Northwesterly corner of said Lot 34.
Medicine Lake Lines - Re: Bus Garage
Rolf Nelson, Attorney for the Petitioner - Medicine Lake Lines, made a
brief presentation before the Council regarding the proposed bus garage,
and asked of the Council an interpretation of the Industrial Zoning
Ordinance - specifically - does it apply to transit and/or school buses.
F
Regular Meeting of the City Council - May 2, 1977
MOVED by Swartz, seconded by Anderson and carried to defer action on this
request until the Council Meeting of June 6, 1977 and that this matter be
referred to the staff and Planning Commission for comment and discussion
with the proponent regarding a possible voluntary agreement on planning
considerations relating to the requirements of the ordinance that the
Council find the use no more obnoxious or detrimental to the welfare of
the Community.
Health Central - Re: P.U.D. #17A
Roger Scherer, Chairman of the Board of Health Central, Inc., appeared
before the City Council and reiterated the feelings of his April 12, 1977
correspondence. (page 328)
Mayor Hoover informed Mr. Scherer of the Council's decision to take the
Health Central matter under advisement in a "closed session" of the
Council with Herbert Lefler, Special Counsel.
MOVED by Swartz, seconded by Thorsen and carried to receive and file
Mr. Scherer's letter of April 12, 1977.
Petition for 77 LF 2, 77WM 3, 77 SI 9 - Flag Avenue
The City Engineer briefly reviewed the background of the proposed public
improvement.
MOVED by Anderson, seconded by Johnson and carried to receive and file
this petition and to communicate to the petitioner -the -Public Hearing
will not be called due to lack of petitioners.
Petition for 77 SI 8 — Florida Avenue
MOVED by Johnson, seconded by Thorsen and carried to receive and file this
petition and to communicate to the petitioner the Public Hearing will not be
called due to lack of. petitioners.
Golden Valley State Bank - Re: Driveway Opening
Mr. Paul Gallick, President of the Golden Valley State Bank, appeared before the
Council with a request for approval of driveway opening design.
MOVED by Johnson, seconded by Anderson and carried to approve the driveway
opening on Vermont Avenue 30 feet south of the centerline of Maren Lane.
Brookview Grass Seed
MOVED by Anderson, seconded by Thorsen and carried to award the bid to Twin
City Seed Company in the amount of $1792.00 as recommended by the City Manager.
Emergency Repair For Fire Pumper No. 6
MOVED by Swartz, seconded by Johnson and carried to authorize the emergency
repairs on Fire Pumper No. 6 in the estimated amount of $2500.00 by General
Safety Equipment.
MOVED by Swartz, seconded by Thorsen and carried to transfer $1500.00 from the
General Contingency Fund to the Fire Budget.
M
Regular Meeting of the City Council - May 2, 1977
Ordinance Amendment - Fire. Prevention Code
MOVED by Anderson, seconded by Swartz and carried to bring on for a first
reading an Ordinance Amendment entitled:
AN ORDINANCE AMENDING THE CITY CODE
(Fire Prevention Code)
MOVED by Thorsen, seconded by Johnson and carried to approve the ordinance
herein quoted by title on its first reading. Upon roll call vote being
taken thereon, the members were recorded as voting as follows:
ANDERSON - YES JOHNSON - YES
HOOVER - YES
SWARTZ - YES THORSEN - YES
Brookview Revenue Bonds
City Manager briefly reviewed the background of the proposed bond issue.
Member Thorsen introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING ISSUANCE AND SALE
OF $500,000 RECREATION
SYSTEM GROSS REVENUE BONDS
The motion for the adoption of the foregoing resolution was duly seconded
by Member Anderson and upon vote being taken thereon, the following members
voted in favor thereof: Anderson, Hoover, Johnson, Swartz and Thorsen,
and the following voted against the same: none, whereupon said resolution
was declared duly passed and adopted, signed by the Mayor and his signature
attested by the City Clerk. See Resolution Book page Iro .
Toohey vs. M.N. & S. Railway
City Attorney reviewed the background on this item.
MOVED by Anderson, seconded by Johnson and carried to authorize payment
of $250.00 to the M.N. & S. Railway subject to the following two conditions:
1). Right of Appeal has expired on this claim.
2) M.N. & S. Railway present the City of Golden Valley with a
formal claim.
MOVED by Swartz, seconded by Anderson and carried to defer action on this
request until the Council Meeting of June 6, 1977 and that this matter
be referred to the staff and Planning Commission for comment and discussion
with the proponent regarding a possible voluntary agreement on planning
considerations relating to the requirements of the ordinance that the
Council find the use no more obnoxious or detrimental to the welfare of
the Community.
Regular Meeting of the City Council - May 2, 1977
Health Central - Re: P.U.D. #17A
Roger Scherer, Chairman of the Board of Health Central, Inc., appeared
before the City Council and reiterated the feelings of his April 12, 1977
correspondence. (page 238)
Mayor Hoover informed Mr. Scherer of the Council's decision to take the
Health Central metter under advisement in a "closed session" of the Council
with Herbert Lefler, Specila Counsil.
MOVED by Swartz, seconded by Thorsen and carried to receive and file
Mr. Scherer's letter of April 12, 1977•
PETITION FOR 77 LF 2, 77 WM 3, 77 SI 9 - Flag Avenue
The City Engineer briefly reviewed the background of the proposed public
improvement.
MOVED by Anderson, seconded by Johnson and carried to receive and file
this petition and to communicate to the petitioner the public hearing
will not be called due to lack of peitioners.
Petition for 77 S1 8 - Flordia Avenue
MOVED by Johnson, seconded by Thorsen and carried to receive and file
this petition and to communicate to the petitioner the petitioner the
Public Hearing will not be called due to lack of petitioners.
Golden Valley State Bank - re: Driveway Opening
Mr. Paul Gallick, President of the Golden Valley State Bank, appeared
before the Council with a request for approval of driveway opening design.
MOVED by Johnson, seconded by Anderson and carried to approve the drive-
way opening on Vermont Avenue 30 feet south of the centerline of Maren Lane.
Brookview Grass SPPd
MOVED by Anderson, seconded by Thorsen and carried to award the bid to
Twin City Seed Company in the amount of $1792.00 as recommended by the
City Manager.
77 Seal Coat Program - Public Hearing
Member Johnson introduced the following resolution and moved its adoption:
RESOLUTION PROVIDING FOR PUBLIC HEARING
PURSUANT TO MINNESOTA STATUTES 429.031, SUBD. 1
ON CERTAIN PROPOSED PUBLIC IMPROVEMENTS
77 -SC -1
72
Regular Meeting of the City Council - May 2, 1977
The motion for the adoption of the foregoing resolution was duly seconded
by Member Thorsen and upon vote being taken thereon the following members
voted in favor thereof: Anderson, Hoover, Johnson, Swartz and Thorsen,
and the following voted against the same: none, whereupon said resolution
was declared duly passed and adopted, signed by the Mayor and his signature
attested by the City Clerk. See Resolution Book page:
The Council requested that a copy of the City's policy on Seal Coating
be sent along with the Public Hearing Notice to those property owner's
affected.
C.L.I.C. Report
MOVED by Anderson, seconded by Thorsen and carried to receive and file
the C.L.I.C. Report and to communicate the Council's thanks to them and
inform them that this will be deferred until the Council Workshop of
June 13, 1977•
N.E. Fire Station
Mayor Hoover received communications from R.A. Watson and Ralph Willard
indicating a willingness to serve on the new committee from the N.E.
Fire Station.
Due to a lack of response for new committee members, Councilmember
Johnson will contact neighbors within her area to recruit members for
this committee.
Interviews for the N.E. Fire Station Committee members will be held by
the Council on May 10, 1977 from 7:00 to 7:30 p.m.
Human Rights Commission
The Human Rights Commission requested to be placed on the May 16, 1977
Agenda to discuss with the Council•a procedural matter. The Council
recommended this be deferred to the June 6, 1977 meeting due to cut-off
dates on agenda items.
Lilac Festival Rock Concert
Mayor Hoover received a memo from Public Safety Director, James Crawford
announcing the date of the rock concert - Monday, June 13, 1977 from
7:30 P.M. to 11:30 p.m. at the Brookview Park Shelter.
Council took no Action.
Open items:
Councilmember Thorsen announced the meeting of the Association of Metro-
politan Municipalities to be held at the Fox & Hounds Restaurant in
Maplewood on May 25, 1977 at 6:00 p.m.
Councilmembers Anderson, Johnson and Thorsen will be in attendance.
Regular Meeting of the City Council - May 2, 1977
Adjournment
MOVED by Swartz, seconded by Thorsen and.carried to adjourn the meeting
at 9:45 p.m.
Work Session - May 9, 1977 - 7:00 p.m.
ATTEST:
Council Secretary
1
Mayor
7,?,